Ontario’s police watchdog says there is no basis to lay charges against a Guelph police officer who was following a vehicle that crashed into a utility pole, leaving the driver with severe brain injuries.
The crash happened in November 2018 on Silvercreek Parkway North near Campbell Road.
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In their report released on Wednesday, the Special Investigations Unit said the incident began as an officer was responding to a disturbance call on Bagot Street in the early morning of Nov. 25, 2018, and noticed a vehicle leaving the scene.
The officer followed the Mazda 3 with the cruiser’s emergency lights activated and within minutes the driver lost control and hit a utility pole on Silvercreek Parkway North.
According to expert evidence, the car reached speeds of up to 165 km/h and lost control at 130 km/h before smashing into a pole. The road was reported to be wet from the rain.
In their notification to the SIU following the crash, Guelph police reported the car was “disintegrated” and the driver was propelled over 100 feet from the scene into a marshy ditch.
The 29-year-old man suffered brain injuries that were so severe he could not be interviewed by the SIU as part of their investigation.
The SIU’s interim director said there are no reasonable grounds to believe the officer following the car committed a criminal offence.
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“The officer was within his rights prescribed by criminal law during his engagement with the complainant,” Joseph Martino said in the report.
“It is true that the officer also increased his speed in excess of the speed limits on Bagot Street, Willow Road and then Silvercreek Parkway North. However, the officer was for the most part only moderately over the relevant speed limits.”
Martino also pointed out that the cruiser was almost 40 seconds behind the Mazda at the time of the crash.
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In an email on Thursday, Guelph police said the driver was charged with dangerous driving, possession of stolen property and possession of a controlled substance.
The SIU is an arm’s length agency that investigates incidents involving police that results in death, serious injuries or allegations of sexual assault.
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